44Power of persons constructing fences to enter upon contiguous lands

44 Power of persons constructing fences to enter upon contiguous lands

(1)  Any person constructing, repairing, restoring or making sufficient or rabbit-proof a fence under this Act, his agent and servants may, if there be no available access thereto over his own land, with or without horses, cattle, carts, or carriages, at all reasonable times during such work, enter upon any portion of the contiguous lands for the purpose of carrying such work into effect.

(2)  Nothing herein contained shall authorize the entry, for the purpose aforesaid, upon any land in crop, or upon any garden, orchard, plantation, shrubbery, or pleasure-ground, without the consent of the owner and the occupier thereof.